Kesavananda Bharati Sripada Galvaru V. S State Of Kerala
                     Kesavananda Bharati Sripada 
Galvaru
V. S State Of Kerala
Authored By : S.M. Sikri, A.N. Ray, P. Jaganmohan Reddy, D.G. Palekar, H.R. Khanna, K.K. 
Mathew, M. Hameedullah Beg, S.N. Dwivedi, Y.V. Chandrachud
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Introducti
on
All the six writ petitions involve common questions as to the validity of the Twenty-
fourth, Twenty-fifth and Twenty-ninth Amendments of the Constitution. I may give a few 
facts in Writ petition No. 135 of 1970 to show how the question arises in this petition. 
Writ Petition No. 135 of 1970 was filed by the petitioner on March 21, 1970 under 
Article 32 of the Constitution for enforcement of his fundamental rights under Articles 
25, 26, 14, 19(1)(f) and 31 of the Constitution. He prayed that the provisions of the 
Kerala Land Reforms Act, 1963 (Act 1 of 1964) as amended by the Kerala Land Reforms 
(Amendment) Act 1969 (Act 35 of 1969) be declared un-constitutional, ultra vires and 
void. He further prayed for an appropriate writ or order to issue during the pendency of 
the petition. This Court issued rule nisi on March 25, 1970.
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Kerala Land 
Reforms
During the pendency of the writ petition, the Kerala Land Reforms (Amendment) 
Act 1971 (Kerala Act No. 25 of 1971) was passed which received the assent of 
the President on August 7, 1971. The petitioner filed an application for 
permission to urge additional grounds and to impugn the Constitutional validity 
of the Kerala Land Reforms (Amendment) Act 1971 (Kerala Act No. 25 of 1971).
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Kunjukutty Sahib v. State of 
Kerala
 In the meantime, the Supreme Court by its judgment dated April 26, 1971 in 
Kunjukutty Sahib v. State of Kerala [1972] S.C.C. 364 (Civil Appeals Nos. 143, 
203-242, 274 & 309 of 1971). Judgment dated April 26, 1971 upheld the 
majority judgment of the Kerala High Court in V.N. Narayanan Nair v. State of 
Kerala  AIR 1971 Ker 98 whereby certain, sections of the Act were struck down.
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Petitioners
On the side of the petitioners it is urged that the power of Parliament is much 
more limited. The petitioners say that the Constitution gave the Indian citizen 
freedoms which were to subsist for ever and the Constitution was drafted to free 
the nation from any future tyranny of the representatives of the people. It is this 
freedom from tyranny which, according to the petitioners, has been taken away 
by the impugned Article 31C which has been inserted by the Twenty-fifth 
Amendment. If Article 31C is valid, they say, hereafter Parliament and State 
Legislatures and not the Constitution, will determine how much freedom is good 
for the citizens.
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